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HomeMy WebLinkAboutMS 05-28; La Costa Glen Corporate Center; Minor Subdivision (MS)Citv of Carlsbad Public Works Engineering March 5,2007 Continuing Life Communities 1940 Levante Street Carlsbad, CA 92009 MINOR SUBDIVISION NO. 05-28 APPROVAL - LA COSTA GLEN OFFICES Whereas no review of the conditions of the letter of preliminary approval was requested by the appropriate date; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to th© subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter. DAVID A. MAUSER Deputy City Engineer C: Project Engineer Senior Office Specialist, Dev. Services Project Planner, Barbara Kennedy 1635 Faraday Avenue * Carlsbad, CA 92QG8-7314 * (76O) 6O2-2720 « FAX (760) 602-8562 Cjtv of Carlsbad Public Works Engineering February 22,2007 Continuing Life Communities, LLC 1940 Levante Street Carlsbad, CA 92009 LA COSTA GLEN OFFICES (MS 05-28) MINOR SUBDIVISION (MS) PRELIMINARY CONDITIONS OF APPROVAL The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map for the subject minor subdivision, subject to the conditions listed below. ENGINEERING CONDITIONS NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Tentative Parcel map, must be met prior to approval of a Parcel Map, a grading permit, or building permit(s), whichever occurs first. General 1. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must be submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. 2. This Tentative Parcel Map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for Tentative Parcel map approval. 3. Developer shall submit to the City Engineer, a reproducible 24" X 36", mylar copy of the Tentative Parcel Map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body including Coastal Commission approvals. The reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, Parcel Map, improvement of grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. The Parcel map shall comply with the Planning Department memorandum for Minor Subdivision No. MS 05-28 as well as the Planning Commission conditions contained in the resolutions of approval for CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06-01, SDP 05-16, MP 92-1B, SUP 04-09 and HDP 04- 08. Approval of this project is subject the approval of CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06-01, SDP 05-16, MP 92-lBs and the conditions contained in the resolutions of approval for said projects. 1835 Faraday Avenue * Carlsbad, CA 92008-7314 * (760) 6Q2-272Q » FAX (760) 602-8562 5. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly of indirectly, from (a) City's approval and issuance of this Tentative Parcel Map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37. 6. Unless specifically allowed, no variance from City Standards is authorized by virtue of the approval of this Tentative Parcel Map. 7. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, storm drain facilities, sewer, landscape and irrigation, located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Fees/Agreements 8. All fees and deposits shall be paid prior to approval of the Parcel map. 9. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage through proposed and existing downstream drainage improvements as shown on the Tentative Parcel Map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: a. Clearly delineate the limits of the drainage course; b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 10. The private storm drain connection within a public drainage easement will require encroachment agreement to be recorded prior to issuance of building permits. 11. Developer shall pay the Batiqiiitos/San Marcos Creek Local Drainage Area Fee prior to approval of the Parcel Map. 12. Developer shall cause property owner to process, execute and submit and executed copy to the City Engineer for recordation, a City standard Best Management Practice (BMP) Maintenance Agreement for the perpetual maintenance of all treatment control and applicable site design and source control post-construction permanent BMP's prior to the issuance of a grading permit, building permit or recordation of Parcel Map, whichever occurs first for the Project. 2 13. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent (NOI) for the start of work has been submitted to the State Water Resources Control Board. 14. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Parcel Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 15. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and be subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 16. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMP's) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to adjacent properties, the City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 17. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)" report, prepared by a civil engineer with current registration in the state of California. The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), pursuant to Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board (RWQCB) and City of Carlsbad Municipal Code, or any subsequent revisions as adopted by the City or RWQCB. The SWMP shall include measures to avoid contact, to filter, or otherwise treat said pollutants from storm water, to the maximum extent practicable, for the post- construction stage of the project in perpetuity. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend site design, source control and treatment control Best Management Practices {BMP's) that will be implemented with this project to avoid contact, filter, or otherwise treat said pollutants from storm water to the maximum extent practicable before discharging offsite; d. establish specific operation and maintenance procedures for all applicable site design, source control and treatment control BMP's in addition to handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; e. propose a city approved mechanism to ensure long-term maintenance of all post construction BMP's that includes maintenance and operation records that are required to be maintained for a minimum of five (5) consecutive years, in perpetuity; and f. indentify how post-development runoff rates and velocities from the site will not exceed the pre- development runoff rates and velocities to the maximum extent practicable. Dedications/Improvements 18. Developer shall cause Owner to execute a covenant of easement for private storm drain and drainage improvements within existing lot 5 of Map 13997 as shown on the Tentative Parcel Map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the Parcel Map. Developer shall provide City Engineer with proof of recordation prior to issuance of grading permit or building permit, whichever occurs first. 19. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 20. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 21. Prior to issuance of a grading permit, or building permit, whichever occurs first, Developer shall have designed, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 22. Based upon a review of the proposed improvements on the Tentative Parcel Map, a Right-of- way (ROW) permit for this project is required for proposed connections to existing potable and reclaimed water mains and the construction of public water mains through proposed on site dedicated easements. Developer shall apply for and obtain a ROW permit from the City Engineer prior to issuance of a building permit. Carlsbad Municipal Water District 23. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. 24. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. 25. Prior to approval of improvement plans or Parcel Map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 26. The Developer shall design and construct public water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer for the applicable water and sewer district has determined that adequate water and sewer facilities are available at the time of occupancy, A note to this effect shall be placed on the Parcel Map as non-mapping data. 28. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer for the applicable water and sewer district providing such service to the project. PLANNING CONDITIONS 29. This approval is granted subject to the approval of (CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06- 01, SDP 05-16, MP 92-1B) and is subject to all conditions contained in (CDP 05-51, GPA 06-02, HDP 05-11, LCPA 06-01, SDP 05-16, MP 92-1B). Parcel Mop Notes 30. Developer shall show on Parcel Map the net developable acres for each parcel. 31. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Special Conditions 32. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad Municipal Code. 33. The Developer shall obtain approval from the Olivenham Municipal Water District prior to issuance of a grading or building permit, whichever occurs first or prior to any construction or grading within the existing water easement dedicated per Doc. No. 75-189466, July 22, 1975. Code Reminder 34. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued, including but not limited to the following: a. The Developer shall exercise special care during the construction phase of this proj ect to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading ordinance) to the satisfaction of the City Engineer. b. If any conditions) for construction of any public facilities or payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall he suspended as provided in Government Code Section 66020. If any such condition(s) is determined to be invalid, this approval shall be invalid unless the City Engineer determines that this Project without this condition(s) complies with the requirements of the law. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must be submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. Developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with Developer for such review. The City Engineer has reviewed each of the exactions imposed on Developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. If you have any question, please contact Chris Scoba at (760) 602-2747. David A. Hauser Deputy City Engineer c; File Chris Scobba, Associate Engineer Barbara Kennedy, Associate Planner